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LAWS
OF THE
STATE OF DIH: LAWAR
PASSED
AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
TUESDAY, JANUARY, II, A. D. 1898,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES THE ONE HUNDRED
AND TWENTY- SECOND.
VOLUME XXI- PART I.
1898:
PRINTED AT THE HERALD OFFICE.
MILFORD, DELAWARE.

LAWS
OF THE
STATE OF DIH:LAWAR
PASSED
AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
TUESDAY, JANUARY, II, A. D. 1898,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES THE ONE HUNDRED
AND TWENTY-SECOND.
VOLUME XXI-PART I.
1898:
PRINTED AT THE HERALD OFFICE.
MILFORD, DELAWARE.
LAWS OF DELAWARE.
TITLE FIRST.
Of the Jurisdiction and Property of the State ; its Leg-islation
and Laws.
CHAPTER 1.
SOVEREIGNTY AND JURISDICTION.
AN ACT giving the consent of the Legislature of the State of Delaware to
the purchase by the United States of Land within this State for the purpose
of erecting Forts, Magazines, Arsenals, Dockyards and other needful
Buildings.
Be enaeled by _the Senate and House of Refiresenlalives (yr
the Slate of Delaware In General Assembly met :
SECTION 1. That the consent of the Legislature of Dela- Consent or
ware be and the same is hereby given to the purchase by the spZ11:.4
Government of the United States, or under the authority of
the same, of any tract, piece or parcel of land not exceeding 2:,.":;r14".'
one hundred acres in any one place or locality from any indi- rs, fortn,
vidual or individuals, bodies politic or corporate, within the
boundaries or limits of the State of Delaware, for the purpose
of erection thereon of forts, magazines, arsenals, dockyards
and other needful buildings ; and all deeds, conveyances, or pa
title papers for the same shall be recorded as in other cases rectrAlg,
upon the land records of the county ill which the land so&e.
conveyed may be situated ; and ill like manner may be re-corded
a sufficient description, by metes and bounds, courses
4 LAWS OF DELAWARE.
SOVEREIGNTY AND JURISDICTION.
and distances, of any tracts, legal divisions, of any public
land belonging to the United States, which may be set apart
by the general government for any or either of the purposes
before mentioned, by an order patent, or other official docu-ment
or papers so describing such land. The consent herein
and hereby given being in accordance with the eighteenth
clause of the eighth Section of the first Article of the Consti-tution
of the United States, and with the Acts of Congress
in such cases made and provided.
SECTION 2. The lots, parcels, or tracts of land so selected,
together with the tenements and appurtenances, for the pur-poses
before mentioned, shall be held exempt from taxation
by the State of Delaware.
slyo vaenrtei lign SECTION 3. The sovereignty and jurisdiction of this State shall extend over all lands hereafter acquired by the
t ton of
stmt. to United States within the limits of this State, so far as that all -
extend to. civil and criminal process, issued by virtue of any law of this
State, may be executed in any part of the lands so acquired,
or the building or structures thereon erected.
zWroved Hay 19, A. D. IS9S.
Exemp-tion
from
tit xitt Ion.
LAWS OF DELAWARE. 5
OF THE STATE HOUSE.
CHAPTER 2.
OF THE STATE HOUSE.
AN ACT to provide for the payment of amounts remaining due for Changes
and Repairs of the State House, Furniture, Fie.
Be 1/ enacted by the Senate and House Refircsentatives
the State of Delaware in General Assembly me/:
SECTION 1. That the sum of four thousand four hundred Aopprron f and sixty-seven dollars and sixteen cents ($4,467.16), be and t%o
the same is hereby appropriated out of any moneys in the IZAirob
State Treasury to the credit of the General Fund and set Vat,e,.
apart for the purpose of paying the remainder of the amounts
contracted and remaining due for changes, alterations and re-pairs
in the State House and the furniture therein, done
under orders of the committee of the two houses, appointed
for that purpose at the last session of the Legislature. The
said amount shall be paid out by the State Treasurer upon now paid.
orders drawn by the said committee and signed by the Chair-man
thereof and attested by its Secretary.
,,Ipproveri March to, A. D. /So%
6 LAWS OF DELAWARE.
OF THE STATE HOUSE.
CHAPTER 3.
OF THE STATE HOUSE.
AN ACT providing for the appointment of a Committee to make necessary
Repairs in the Roof of the State House, to have the outside of the State
House repainted and to purchase necessary Furniture for the different
Offices, Halls and Rooms of the State House, and appropriating Three Thou-sand
Dollars for the Payment of the same.
Re' ii enaded by flee S'enale and House of Reibresenlatives
S/ale t/Delaware in General Assembly met
commit- SEcnor; t. That a Joint Committee of two on the part of lee to
make re- the Senate and three on the part of the House of Representa-tives,
be appointed by the respective Speakers of the Senate
ish state
House. and House, whose duties shall be to cause such repairs to be
made in the roof of the State House as they may deem neces-sary,
to cause the State House to be repainted on the exterior
thereof, and to purchase such furniture as may be necessary
for the different offices, halls and rooms in the State House.
lAimdvae rttoisre - SlicTioN 2. The said Committee shall advertise for pro-bids.
posals for all work and furniture to be done and supplied under
vAo wnts rrade to. f the provisions of this Act, and shall award the contract there- for to the lowest responsible bidder or bidders. The said
Committee shall have all needful power and authority therefor
when appointed.
SEcrtoN 3. That the cost of the repairs, repainting and
furniture as provided for in this Act, shall not exceed the sum
of three thousand dollars, or as much of said sum as may be
I I mv paid necessary for the purpose of this Act. Any moneys appro-priated
for the expenditures provided for in this Act shall be
paid by the State Treasurer upon orders drawn by the said
Joint Committee, signed by their Chairman and attested by
their Secretary. The said Committee shall render a full ac-count
of their expenditures to the next session of the General
Amem bl V.
../fifinny'll :Way /15, D. IS9S.
LAWS OF DELAWARE.
OF THE STA'rE HOUSE.
CHAPTER 4.
OF THE STATE HOUSE.
AN ACT assigning the Rooms m the State Rouse to certain Public Officers.
Be it enacted by the _Senate and House of Representatives of
the State of Delaware in General Assembly met :
SEcrioN 1. That the Senate and Represenative chambers Se ne
in the State House at Dover, together with all the other rooms 'r'euntitg,-.
on the second and third floors of said State House shall be, at bohnr,sr.
all times, for the exclusive use of the Legislature, and under its
control.
SECTION 2. That the two communicating rooms situated On oog
at the northwest corner, on the first floor of said State House, °mem
are hereby designated as the Governor's Offices and assigned
to said officer.
SECTION 3. That the room situated on the north side of .9!
said State House on the first floor, adjoining the Governor's 'surer.
offices, is hereby designated as the office of the State Treasurer,
and assigned to said officer.
SECTION 4. That the three communicating rooms, and the offices of
fire proof vault situated at the Southwest corner, on the first =en.'
floor of said State House are hereby designated as the offices
of the Secretary of State, and assigned to said officer.
SECTION 5. That the room situated on the South side of (Mice of
r tel,d,ottionitt40.1 said State House and on the first floor thereof, and adjoining.
the offices of the Secretary of State on the East side, is hereby
designated as the office of the Auditor of Accounts, and as-signed
to said officer.
SECTION 6. That the room situated on the South side of! tal.(elt°Irry said State House, on the first floor thereof, and adjoining the''"
office of the Auditor of Accounts on the East side, is hereby
designated as the office of the Judiciary, and assigned to the .
use of the Judiciary of the State of Delaware.
SECTION 7. That the room situated on the South side of otik, of
said State House, on the first floor thereof, and adjoining the Viai,LrLnrimi.
-
8 LAWS OF DELAWARE.
OF THE STATE LIBRARY.
office of the Judiciary on the East side, is hereby designated
as the office of the State Librarian, and assigned to said offi-cer.
Control of SECTION 8. That the office of the Judiciary shall be offices, under the control of the Chancellor and the other offices
herein mentioned shall be under the control of the officers to
whom they are respectively assigned by the provisions of this
Act.
Afifiroved June I, A. D. /S98.
CHAPTER 5.
OF THE STATE LIBRARY.
'ontln-gent,
ex-penses
of
State
IA brary.
settle-ment.
AN ACT to amend Chapter 6, Volume 17, Laws of Delaware, entitled "An
Act to establish the State Library."
Re it enacted by the Senate and House of Refiresentatives q/'
the Slate of Delaware in General Assembly met:
SEcnoN 1. That Section 8 of Chapter 6, Volume 17,
Laws of Delaware be and the same is hereby stricken out and
the following inserted in lieu thereof, "Section 8. That the
Librarian shall be allowed the sum of one hundred dollars
per year to defray the current expenses of the State Library,
and for the expenditure of the money appropriated for that
purpose he shall present his vouchers to a committee of the
Legislature appointed at any biennial or adjourned session, to
settle with the State Librarian."
'M,dpOap tfriooor-n of hheerrSeeEbbNCyT IfOuNrt h2e. r aTmheantd esda idb y Cshtraipktienrg 6o ubte Saencdti otnh em s aomf es aiids
::M?"08 Chapter and inserting in lieu thereof the following, "Section
!wary. 10. That the Librarian shall annually, under the direction
of the Supreme Court expend a sum not exceeding three
hundred dollars for the purpose of purchasing judiciary re-
LAWS OF DELAWARE. 9
OF THE STATE LIBRARY.
ports, preference being given to supplying the missing vol-umes
of sets of reports in the Library, and also for purchas-ing
a copy of the History of Delaware by J. Thomas Scharf.
Said sum to be paid the Librarian by the State Treasurer out now paid,
of moneys appropriated for that purpose, upon the presenta-tion
of the endorsement and approval of the Judges of said
Supreme Court or a majority of them."
SEcTioN 3. That in all future editions of the Laws of this
State said Chapter 6 shall be published as hereby amended.
Apfiroved Afire./ 28, A. D. 1898.
CHAPTER 6.
OF THE STATE LIBRARY.
CHAPTER 0 of Volume 17, Laws of Delaware, as amended by Chapter 5
current Volume. "An Act to establish the State Library."
Be ii enacted llw ,S'enale and House of Refiresenlalives q/-
1he qie Delaware in General Assembly meI
SEcrlos I. The State Library shall consist of the books, Contents
pamphlets, maps, charts and documents of every kind now
belonging to the same, together with such others as it may
hereafter acquire by gift, purchase, exchange or otherwise.
SECTION 2. The Governor shall, on the first Tuesday of Appoint-
April in the year A. D. 1883, and every two years thereafter,
appoint a State Librarian, who shall hold his office for the te4,;;;)fy,c.
term of two years, beginning on the ninth day of April next
following his appointment, and until his successor is duly
appointed and qualified. Before entering upon his duties the
Librarian shall take the oath of office and give a bond to the Ilona ill--
State in the sum of two thousand dollars, with two sureties mozrtilioy
to be approved by the Governor, conditioned for the faithful condition.
performance of his official duties, the safe keeping and de-livery
to his successor of all property belonging to the Li-brary
; such oath and bond to be filed in the office of the
Secretary of State.
2
Duties.
Books to
he Fe-
1 rned
within PO
days, tin-less
re-neA
ed.
OF THE STATE LIBRARY.
LAWS OF DELAWARE.
SEcTroN 3. The Librarian (hall have general charge of
the State House, and shall see that the same is properly cared
for. 14) hall, by and with the consent of the judges of the
Court o Errors and Appeals, make such rules and regula-tions
governing the Library and its use as may to them seem
proper. He shall keep a complete record of all the books
taken from the Library, and require the return of the same
within thirty days, unless renewed by a written application
but in no case shall there be more than one renewal.
In case any person taking books from the Library should
fail to return the same within thirty days or renew as above
Fine. provided, then, and in that event, he shall be fined by the
When. Librarian the sum of ten cents per book for each and every
week such book or books are so unlawfully retained. The
said fine to be collected by the Librarian as such debts are by
Itowt'ol- law now collected, and the proceeds arising from such collec- leeted and
ex Pooded t1011 to be expended by him in purchasing stationery for the
Library.
Rt,t'ord to SEcTIoN 4. The Librarian shall also keep a complete be kept of
Irooks, etc, record of all books, pamphlets, &c., received by him for the
State Library, properly label, and acknowledge the receipt of
the same.
SECTION 5. Immediately upon the publication of the laws
by the Secretary of State, he shall deposit in the Library
lutes is fifty copies, and the Librarian shall send a copy of the same to disposal ' "me imvs to the library of each State and Territory in the Union, one
the state and to the Congressional Library, one to Delaware College, one
.111,11(.11d
Reports. to the Historical Society of the State of Delaware, and one
to the New Castle County' Law Library. The Secretary of
State shall also, upon the receipt of the Judicial Reports, and
the Chancery Reports, place in the Library, in addition to the
number now required by law to be placed therein, a number
of copies thereof equal to the number of States and Terri-tories
of the United States, and the Congressional Library,
Delaware College, the Historical Society of the State of Del-aware,
and the New Castle County Law Library, and the
Librarian shall thereupon transmit one copy thereof to the
library of each State and Territory above named, one to the
Congressional Library, one to Delaware College, one to the
Historical Society of the State of Delaware, and one to the
New Castle [County] Law Library.
LAWS OF DELAWARE. I
OP THE STATE LIBRARY.
SECTION 6. The Librarian shall, on the first day of the Report to
sessions of the General Assembly of this State, make a reporte(Lsneernt
to the same, setting forth the condition of the Library, the Contents.
number of fines levied and collected, the number and title of
books lost during the two years past, and the number and
kinds of books received by him for the Library in that period,
and all other things concerning the Library that he may deem
proper. He shall also keep the Library open each day, except
Sundays and legal holidays, from io o'clock, A. M. to 12
o'clock, M., and from 2 o'clock to 4 o'clock, P. M., and during Library.
the sessions of the Legislature and the sessions of the Courts owpel let Da tt 14C1
in Kent County, from 9 o'clock, A. M. to 9 o'clock, P. M. '05".
SEcTioN 7. That at any time, when the State Librarian
shall fail to perform his duties as hereinbefore prescribed, 1:1°Xlr'in.-°r
then, and in that event, the Governa may remove him, and
appoint some other competent person to fill the unexpired Wilen
term.
[''SEcTIoN S. That the Librarian shall be allowed the gceoN
sum of one hundred dollars per year to defray the current, ,ttniltsues o
expenses of the State Library, and for the expenditure of the Library.
money appropriated for that purpose he shall present his ,C,,1,1A.1,:tir5"
vouchers to a committee of the Legislature appointed at any voloini,
biennial or adjourned session, to settle with the State Li- ',;;;;;lt;'
brarian."]
SEcTioN 9. That the Librarian shall receive for his ser-vices,
as such officer, the sum of four hundred and fifty dollars
per year and he is hereby authorized and empowered to draw
upon the State Treasurer, at the end of each quarter, for the
same.
PSEcTioN 10. That the Librarian shall annually, under the A pproprt-direction
of the Supreme Court expend a sum not exceeding artV
three hundred dollars for the purpose of purchasing judiciary NT.'
reports, preference being given to supplying the missing vol-umes
of sets of reports in the Library, and also for purchasing eurrient
a copy of the History of Delaware by J. Thomas Scharf. "1"1"'
Said sum to be paid the Librarian by the State Treasurer out
of moneys appropriated for the purpose, upon the presentation
of the endorsement and approval of the Judges of said
Supreme Court or a majority of them."]
1 2 LAWS OF DELAWARE.
OE THE STATE LIBRARIAN.
SEcTioN i i. That all acts or parts of acts inconsistent
with the provisions of this act, are hereby repealed.
Passed al Dover, March 30, 1883.
Amended by Ad afifiroved, Afiril 28, A. D. 1898.
CHAPTER 7.
oF THE STATE LIBRARIAN.
AN ACT to conform the appointment of State Librarian to the Amended
Constitution.
enacted by the .S'enale and House ry'Represeillalizrs
the Sier/ery" 'Delaware in General Assembly me1
t1l(I1t1i1 1o1f 1m- SECTION I. That the term of the office of the present
1,rin State Librarian shall terminate on the second Tuesday in
Slate LI- February in the year one thousand eight hundred and ninety-ii
it nine, and thereafter his successor in office shall be appointed
appoint-ment.
for the term of two years, commencing- on the second Tues-day
in February ill the year one thousand eight hundred and
ninetv-nine.
SECTION 2. All acts or parts of acts inconsistent with
this act are hereby repealed.
Approved .11arch 1, A. D. /SyS.
LAWS OF DELAWARE. 13
OF THE JANITOR FOR THE STATE HOUSE.
CHAPTER 8.
OF THE JANITOR FOR THE STATE HOUSE.
AN ACT to amend Chapter 64, Volume 19, Laws of Delaware, entitled "An
Act to authorize the appointment of a Janitor for the State House."
Be enacted by the &wale and House qf Representatives of
the Slafe of Delaware in General Assembly mel
SECTION I. That Section 2 of said Chapter 64, Volume State
Janitor of
19, Laws of Delaware, entitled "An Act to authorize the ap-nouse
pointment of a Janitor for the State House," be and the same V=
is hereby amended by adding at the end of said Section 2,
the following : "The said Janitor for the purpose of enforcing
this Section shall be clothed with all the powers which any
police officer of the town of Dover now has."
SECTION 2. That Section 3 of Chapter 64, Volume 19, pillymen
Laws of Delaware, be and the same is hereby amended by grVill'ittitL..
striking out all of said Section after the words "per year" in
the third line thereof and inserting in lieu thereof the words
."payable in equal quarterly installments."
SECTION 3. That Section 4 of said Chapter be and the now paid.
same is hereby amended by striking out the word "draft" in
the sixth and seventh lines thereof and inserting in lieu
thereof respectively the words "quarterly installments."
Approved March /7, A. D. /80%
ty and fifty copies to the Prothonotary of Sussex County; and he
14 LAWS OF DELAWARE.
OF THE PASSING AND PUBLICATION OF LAWS.
CHAPTER 9.
OF THE PASSING AND PUBLICATION OF LAWS.
AN ACT to amend Chapter 4 of the Revised Statutes of the State of Delaware,
relating to the passing and publication of Laws.
Re 1'1 (nada by The .S'enale eznd House of Reibresenlalives
the .S'lafr af Delaware in General Assembly mel
SEcriox 1. That Section i of Chapter 4 of the Revised
Statutes of the State of Delaware be and the same is hereby
stricken out and the following inserted in lieu thereof
"Whenever a bill, order, resolution or vote of both Houses of the
General Assembly, first being duly enrolled and signed by the
President of the Senate and the Speaker of the House of Rep-of
hills, resentatiyes and having been approved and signed by the Gov-wit
See- ernor, or not having been returned by him with his objections,
ret 'try
sink, becomes a law or takes effect, it shall forthwith be received
by the Secretary of State from the Governor ; and whenever
a bill, order, resolution or vote is returned by the Governor
with his objections and on being reconsidered, is agreed to be
passed and is approved by three-fifths of all the members elected
to each House of the General Assembly and thereby becomes
a law, or takes effect ; it shall be received by the -Secretary of
State from the President of the Senate or the Speaker of the
House of Representatives, in whichsoever house it shall last'
printing have been so approved, and(the Secretary of State, if the bill,
order, resolution or vote, be of a public nature, shall imme-
N umber (Hatcly upon the adjournment of the General Assembly, have
of copies. three thousand two hundred copies, accurately printed in
pamphlet form, with proper notes and index, and shall care-fully
preserve the originals.
sty', la "The printing shall conform with this edition and each vol- printing. ume shall be closed- when the pages exceed five hundred and
the Secretary of State shall then have three hundred and fifty
copies bound with a general index, which he shall distribute
ntninrg , as loilow . one hundred copies to the Prothonotary of New
lion,r ib"' Castle County, fifty copies to the Prothonotary of Kent Conn-
LAWS OF DELAWARE.
OF THE PASSING AND PUBLICATION OF LAWS.
shall charge the respective Prothonotaries for the same at the Sole of.
rate of two dollars per volume pile copy to the executive ; one
copy to each State officer ; one copy to each County officer of
the respective Counties and the residue to the State Library for
the Librarian to distribute ; one copy to the State Library of
each of the United States and retain the residue. The copies Custody of
delivered as herein provided, to the executive, the State and
County officers, shall be kept and remain in their respective
offices and by them delivered to their successors as the pro-perty
of said offices."
SEcTioN 2. That Section 2 of Chapter 4 of the Revised
Statutes of the State of Delaware, be and the same is hereby
stricken out and the following inserted in lieu thereof :T" 1- DistrIbu-
Laws when printed in pamphlet form, as directed in the fore- l'ilrn;)11et going Section shall be distributed, by the Secretary of State =.ssl o n
as follows, one thousand one hundred copies to the Prothono-tary
of New Castle County, seven hundred copies to the Pro-thonotary
of Kent County, and eight hundred copies to the
Prothonotary of Sussex County ; one to the President of the
United States ; one to each of the departments of the General
Government, two to the Library of Congress ; one to Delaware
College ; one to St. Mary College ; one to the Historical
Society of Delaware; one to the executive of each of the
United States ; retain three hundred and fifty copies in the
office of the Secretary of State, for the purpose of being bound
into suitable volumes, as provided in the foregoing Section
and the residue to the State Library, for the Librarian to dis-tribute
one to the State Library of each of the United States
and retain the residue."
Auditor's
SECTION 3. That Section 4 of Chapter 4. of the Revised Ititte,p(inx,
Statutes be and the same is hereby amended by striking out with,' 10
the words "The Auditor's Report" in the third and fourth lie,V''lit-lines
of said Section. JournniR.
Approved April 2s, .4. l). (S' 9S.
16 LAWS OF DELAWARE.
OF THE PASSING AND PUBLICTION OF LAWS.
CHAPTER
OF THE PASSING AND PUBLICATION OF LAWS.
AN ACT to revive and extend the time of Recording Private Acts.
WHEREAS, by Section 3 of Chapter 4 of the Revised
Statutes of the State of Delaware, it is provided that private
statutes (namely such as are not of a public nature or pub-lished
as such) shall be recorded in the Recorder's office in
one of the counties of this State within twelve months after
their passage or they shall be void, and
WHEREAS, A number of private and unpublished acts here-tofore
passed have been allowed to become void through
ignorance or neglect of the aforesaid enactment ; therefore,
for the purpose of relieving the parties interested of the em-barrassments
and disappointments arising from such neglect
in the premises ; therefore,
Be it enacted by the Senate and House rye Representatives ry-
/he 57a/e of. Delaware in General Assembly met (two-lhfrds (yr
each branch concurring ther('in):
1..pub. SECTION I. That all unpublished acts heretofore passed
Ilshed /lam
nt,t re- that have become void on account of not being duly recorded
ceonradtetedd r e- in compliance with the provisions aforesaid and that have not
:T;!,:=,(i by special acts been repealed or become void by lapse of the
1ize,ord- time for which they are limited, be and the same are hereby
severally renewed and re-enacted, and together with the pro-visions
therein contained are respectively declared to be in
full force for the period mentioned in the original acts, and
all acts and transactions done and performed under the pro-visions
of said acts respectively shall have the same force and
At-is v""d. effect and be as valid to all intents and purposes as if the said
acts had been severally recorded according to law. I'mvided,
that this enactment shall not take effect in the case of any
act that has become void as aforesaid until a certified copy
thereof procured of the Secretary of State, shall be duly
recorded in the Recorder's office of one of the counties of this
who, no State ; and provi,frd Arthcr that no such copy of a voided inimt be
Nowdol. act shall be received for record after the expiration of one
year after the passage of this act.
LAWS OF DELAWARE.
OF THE PASSING AND PUBLICATION OF LAWS.
SEcTroN 2. That this act shall be deemed and taken to
be a public act and be published as such.
AAbroved March 17, A. D. i(S'98.
CHAPTER Ir.
OF THE PASSING AND PUBLICATION OF LAWS.
AN ACT to revive and extend the time of recording Private Acts.
Wm:to:As, By Section 3 of Chapter 4 of the Revised
Statutes of the State of Delaware, it is provided that private
statutes (namely such as are not of a public nature or pub-lished
as such) shall be recorded in the Recorder's office in
one of the Counties of this State within twelve months after
their passage or they shall be void ; and
WHEREAS, A number of the private and unpublished acts
heretofore passed have been allowed to become void through
ignorance of the aforesaid enactment ; therefore, for the pur-pose
of relieving the parties interested of the embarrassments
and disappointments arising from such neglect in the prem-ises
; therefore
Be it enacted by the Senate and Bourse of Represenlatizes
the Stale of Delaware in General Assembly met:
SECTION 1. That all unpublished acts heretofore passed certain
that have become void on account of not, being duly recorded ;:eu-eldn'a",11'(4,,
in compliance with the provisions aforesaid and that have not
by special acts been repealed or become void by lapse of the Lin:fvf.
time for which they were limited, be and the same are hereby
severally renewed and re-enacted, and together with the pro-visions
therein contained are respectively declared to be in
full force for the period mentioned in the original acts, and
3
S LAWS OF DELAWARE.
Ael, un-der
made
It I
tell
enpy to be
reeorded
xv hen.
OF JUDICIAL REPORTS.
all acts and transactions done and performed under the pro-visions
of said acts respectively shall have the same force and
effect, and be as valid to all intents and purposes as if the said
acts had been severally recorded according to law.
Prinvded, that this enactment shall not take effect in the
case of any act that has become void as aforesaid until a cer-tified
copy thereof, procured of the Secretary of State, shall
be duly recorded in the Recorder's office of one of the
Counties of this State ; and provided /?n-lber, that no such
copy of a voided act shall be received for record after the
expiration of one year from the passage of this Act.
S:clic*: 2. That this Act shall be deemed and taken to
be a public act and be published as such.
..lphroved June /, I).
CHA PT ER 12.
OF JUDICIAL REPORTS.
AN ACT in relation to the publication of the report of the Decisions ot
James L. Wolcott, late Chancellor.
\V II ER F.As, In accordance with Chapter 223, Volume 14,
Laws of I)elaware being a Joint Resolution authorizing the
publication of the reports of the Chancellor, the Chan-cellors
of this State have collected, reported and from time to
time published certain equity cases as therein provided ; and
WitEREAs, James I,. Wolcott, late Chancellor of this State
died leaving certain cases determined by himself unpublished,
which casts arc altogether about sufficient to complete an addi-tional
Volume of Chancery reports ; and
il:.kE.\s, The manuscripts of said case.; are in the hands
of James I,. Wolco,.1, Jr., tli,. administrator of said James
Wolcott, decea:;«I. Now therefore,
LAWS OF DELAWARE. 19
OE JUDICIAL REPORTS.
Be it resolved by Me Senate and House of Refiresentaaves
of the Slate of Delaware in General Assembly met :
SEcTioN I. That James L. Wolcott, Jr., be and he iS tfted:uoV
hereby authorized and requested to prepare for publication deostOn,','
and publish the cases in equity determined by the said James':.4 1.e Lo.t to
L. Wolcott, as Chancellor, upon the same terms and subject
to the requirements of the said resolution passed at Dover,
March 29th, 1871, except as to the number of pages to be
contained in such volume ; and the said James L. Wolcott,
Jr., shall have full power and authority to select such cases
and other papers which came before the said James L. Wol-cott
as Chancellor, as in his discretion he may deem proper
for publication.
SHCTION 2. That when the said report shall have been too copies
published, one hundred copies of the same shall be deposited
in the office of the Secretary of State for the use of the=rgr
State, and upon the certificate of the Secretary of State of Payment
such deposit, the State Treasurer shall pay to the said James'''.
L. Wolcott, Jr., eight hundred dollars out of any money in
the State Treasury not otherwise appropriated, to cover the
expenses of the publication of the said report, and shall pay me,(,),11.11)er
to the said James L. Wolcott, Jr., the sum of one hundred;r:L.--i4I-dollars
out of any moneys in the State Treasury not other-e°Lt.jr.
wise appropriated, for his services.
,-/fifiroved 1.tra.i, 19, A . D. 1898.
20 LAWS OF DELAWARE.
OF JUDICIAL REPORTS.
CH A ',TER 13.
OF JUDICIA L REPORTS.
AN ACT authorizing the publication of the decisions of the Court of Errors
and Appeals, the Superior Court, Court of General Sessions of the Peace
and Jail Delivery and the Court of Oyer and Terminer from February 1.
1803, to June 10, 1807.
lie it enacted by the Sena le and Hans( Representatives
the State (y. Delaware in General Assembly met
m.ners SF.CTION i. That David 'I'. Marvel, be and he is hereby
authorized to prepare for publication, and publish such de-o,
Inw
,ourts, cisions of the Superior Court, the Court of General Sessions
of the Peace and Jail Delivery, the Court of Over and Ter-miner
and the Court of Errors .and Appeals from February
1893, 10 June loth, 1897, as he shall consider important
to be published ; and shall print and publish the same in vol-umes
of not less than six hundred pages including an index.
helk,rY He shall deposit one hundred and ten copies of each volume
of said reports.in the State Library for the use of the State,
and upon the certificate of the Secretary of State of such
deposit the Governor shall draw his warrant upon the State
Treasurer in favor of the said David T. Marvel to pav for the
same at the price of ten dollars per copy, which shall be paid
by the State Treasurer out of all V funds not otherwise appro-priated.
ittroz td fir ne
LAWS OF DELAWARE. 21
TITLE SECOND.
Of the Public Revenue ; and the Assessment, Collec-tion
and Appropriation of Taxes.
CHAI"r1;I: 14.
OF PUBLIC REVENUE.
AN ACT to amend an Act entitled, "An Act to regulate the business of
Pawn Brokers and Junk Dealers within New Castle County," and to re-enact
the provisions of said Act.
Re it enacted by the Senate and House of Representatives (27-
The State of Delaware in General Assembly met
SEcTioN 1. That Section 1 of Chapter 374, 20, Anntud,
of the Laws of Delaware, be and the same is hereby amended'"r
by inserting between the word "grant" and the word "license",=7,';',11,
ill the second line of said Section the words, "all annual." de"lurs.
That Section I be further amended by adding after the word xeept Ion
"books" in the last line of Section i the words "or persons
dealing in second-hand furniture." That said Chapter 374 be'
and the same is hereby further amended by striking out the NoVerof
word "two" at the end Of the third line of Section 3. That ..1;(1,7-ti (i.
said Section 3 be further -amended by striking out the word
"sureties" in the fourth line of said Section 3 and inserting in surety on
bond.
lieu thereof the word "surety." That said Chapter 374 be
and the same is hereby further amended lw striking out in Method 01
the fourth and fifth lines of Section 9-, the words "made at
public auction and not otherwise." That said Chapter 374 be
and the same is hereby further amended by striking out the 4,un,
words "except by sale at public auction as hereinbefore pro-vided"
in the fourth and fifth lines of Section 13. That said
Chapter 374, V0111111e 20, Of the LaWS Of Delaware, be and the
same is hereby further amended by striking out Section 15,
and inserting ill lieu thereof a new Section 15, as follows :
22 LAWS OF DELAWARE.
OF PUBLIC REVENUE.
Preserva SE.c'rmx 15. That no property of any kind received on
Mon and
holding ordeposit, by purchase, or as a pledge by any pawn broker shall
property. be permitted to be removed from the place of business of such
pawn broker for the period of six months from the time of such
deposit, purchase, or pledge (except the same be redeemed
by the owner) nor shall any property coming into the hands
of any pawn broker or junk dealer be disfigured or its identity
destroyed or affected in any manner so long as it continues in
pawn or in the possession of such pawn broker, junk dealer or
person engaged in the second-hand business.
Atpilt or SECTION 2. That in the month of November in each year,
oWierit ',fit shalt be the duty of the County Comptroller of New Castle
1111'1"1". County to audit the accounts of the Clerk of the Peace of the
said County with pawn brokers and junk dealers, and to report
in writing the result of his audit to the Levy Court Commis-sioners
of New Castle County within thirty days thereafter.
Stiertox 3. That the provisions of Chapter 374, Volume
20, of the Laws of Delaware as hereby amended be and the
same are hereby re-enacted.
.-1/.0mved rch iv, i. D. iS9S.
C HA PIER 15.
OF PUBLIC REVENUE.
AN ACT to amend Chapter 374, Volume 20, Laws of Delaware, being an Act
entitled "An Act to regulate the business of Pawn Brokers and Junk Dealers
within Now Castle County."
Ile 11 ena tied by the .S'ena le and Manse (2/. Rep-esenIalives
ate Slale /Dt/at General Assembly mei
SECT lox 1. That Section 20 of Chapter 374, Volume 20,
Laws of Delaware,being an Act entitled "An Act to regulate the
business of pawn brokers and junk dealers within New Castle
County," be and tile same is hereby amended by inserting
1.111011111a0 in line four of said Section 20 after the word "of" and before
dair'yw rwetitiohnin- the word "five" as they occur in said line of said Section the
Unium. following, "not less than fifty dollars nor more than."
..INn-tard / n( I, A. .7.), S 9S.
LAWS OF DELAWARE. 23
OF PUBLIC REVENUE.
CHAPTER 16.
OF PUBLIC REVENUE.
AN ACT providing the fee to be paid the State by Justices of the Peace for
their Commissions.
Be enacted by Senate am! House of AVresenlalives
.5lale of Delaware ill General Assembly met:
SEcTioN r. That the Secretary of State be and he .5; State fee
hereby authorized to demand and receive from each and every =or
person hereafter appointed to the office of Justice of the Peace, Liestil.ceetg.
for the commission, a fee of six dollars for the use of the
State.
SECTION 2. That all acts and parts of acts inconsistent
with this act be and the same are hereby repealed.
.-/pihroz,ed March /7, A. D. /89S.
CHAI"PER 17.
OF PUBLIC REVENUE.
AN ACT authorizing and empowering the State Treasurer to borrow money
for certain purposes.
WHEREAS, The expenses incident to the present session of
the General Assembly made necessary by the 11CW C011Stittl-
1:1011 and the necessary appropriations for the purpose of rais-ing
the regiment of troops pursuant to the call of the Presi-dent,
and other demands on the Treasury of the State are
largely in excess of the present revenues of the State ; and
WilP:REAs, The funds in the State Treasury to the credit
of the General Fund are largely imufficient to meet the
demands thereon ; now therefore,
24 LAWS OF DELAWARE.
OF' PUBLIC REVENUE.
Be if enacted by the .Senafr and florae of _Representatives (1-
the Slate af 1k/aware in General Assembly met:
8InteTren- SECTION i. That the State Treasurer be and he is hereby
Fau'0-
thorized to authorized and empowered to borrow for the use of the Gen-
110 fTO eral Fund of the State, an amount of money not exceeding
fifty thousand dollars, on the best terms that he can obtain
and for such time as he may deem absolutely necessary, for
the following purposes, viz
PurPoses The payment of the cost and expenses of the encampment "0/7011'-
i 11 g of the National Guard of Delaware ; the expenses of the present
Session of the General Assembly ; to pay to the school fund
the amount which has been used therefrom for the benefit of
the General Fund and to pay the salaries of State officers.
SEcricix 2. That the public faith and credit is hereby
pledged lo expressly pledged to the full and complete payment of the
ment. Principal and interest of the money so to be borrowed, under
the provisions of this Act.
Approzrd May 2 1 , A. B.
CIIA 1"IsER 18.
OE PUBLIC REVENUE.
AN ACT making appropriations for the expenses of the State Government
other than Legia/ntive expenses, for the fiscal year ending on Monday im-mediately
preeed ng the second Tuesday of January in the year of our
Lord one thousand eight hundred and ninety-nine.
Be if (waded by Mc .Venale and /louse af Representatives fy
thy Sin (yMeiniva re in l;entra/ Assembly me/, as jallencs
Iii011111S SEC"r1()N i. That the several amounts named in this Act
to or so in thereof as mav be necessary, are hereby appropri-he
paid hv ate d and authorized to be paid out of the Treasury of this
State to the respective public officers, and for the several pur-poses
specif,ed for the current fiscal year ending on Monday
1
LAWS OF DELAWARE. 25
OF PUBLIC REVENUE.
immediately preceding the second Tuesday of January in the
year of our Lord one thousand eight hundred and ninety-nine,
namely
For the Governor for salary, two thousand dollars. For oovernor.
postage, stationery and expenses of Governor's office, one
hundred and fifty dollars.
For the Secretary of State for salary, one thousand dol- Sofeeretat*y
lars. For indexing and preparing for publication laws of the
adjourned Session of the Legislature, held in the year 1898,
five hundred and fifty dollars.
For the Stenographer and Typewriter for the Governor stetiy-_
and Secretary of State for salary, three hundred and fifty;;:1Vie-writer.
dollars.
For the State Librarian for salary, five hundred and fifty rti7
dollars. For current expenses of State Library, one hundred "Inn'
dollars.
For Judicial Reports for State Library, three hundred reports.
dollars.
For the Janitor of the State House for salary, five bun-J.1111ov.
dred dollars.
For the Chancellor for salary, three thousand and eight L''..'"neel-hundred
dollars.
For the Chancellor for reporting, two hundred dollars.
For the Chief Justice for salary, three thousand and (,:!!!!'"""-
eight hundred dollars.
For the four Associate Judges fcr salaries, fourteen thou- A""elate
sand and four hundred dollars.
For the Associate Judge resident in Kent county for re-porting,
two hundred dollars.
For the two Judges under the late Constitution, who
were not re-appointed under the recently amended Constitu-tion,
three thousand dollars.
For the Court Stenographer for salary, one thousand and c,urt,
five hundred dollars. grapher.
For the State Treasurer and Trustee of the School Fund sothI..T ren- for salary, one thousand four hundred and fifty dollars.
4
111C.
26 LAWS OF DELAWARE.
Or PUBLIC REVENUE.
Sit Me. For the State Treasurer for postage, stationery, clerical
assistance, &c., five hundred dollars.
kutlitor of For the Auditor of Accounts for salary, one thousand
Ae"ifinis. and two hundred dollars.
Sallie. For the Auditor of Accounts for postage, stationery,
blanks and school reports, two hundred dollars.
AltorneY For the Attorney General for salary, two thousand dol-
I ieneral.
lars.
For the Attorney General to pay salary of the Deputy-
Attorney General, seven hundred and fifty dollars.
For contingent expenses for the Attorney General, for
obtaining evidence in capital cases and cases of burglary,
two hundred dollars.
IISUFUTIVe For the Insurance Commissioner for the necessary ex-
. 'olli penses of his office, such as postage, stationery, etc., one hun-dred
and fifty dollars.
For the two State Detectives for salaries, two thousand
and four hundred dollars.
For actual expenses in serving requisition papers, three
hundred dollars.
vb.', COM- For the Fish Commissioner for salary and all necessary
expenses incurred in the discharge of his official_ duties, five
hundred dollars.
,op,rio- For the three County Superintendents of Free Schools
1... d.qo or ,, no- salaries, three thousand dollars.
n.,0-,trun, Vor Registrars and Associate Registrars for compensation ...id ..,....
..no,,.. t,, or their services, eleven tholisand dollars.
1., pnri For the Department of _Elections for the City of Wil7 .....1..1
F.:....0,,,.. mim.2:ton, three thousand and three hundred dollars.
er,,.:.1 ...r. tufts Fion r thteh es eevxepraeln soens noitfi ehso lodfi ntgh et hSe taWteh, itfeo uTr eahcuhnedrrse' dI nasntid-fifty
dollars,
I 1..o;,.., ,...,r , Fir tile exp(mses of holding Colored Teachers' Institute,
Ii ',Ow, 011e hundred dollars.
I.. :......... For the Delaware State Hospital at Farnhurst for the
!...i. Ilse and support thereof, forty thousand dollars.
LAWS OF' DELAWARE. 27
OE PUBLIC REVENUE.
For the purpose of carrying into effect the provisions of lauttigil
the Act entitled " An Act to provide for the maintenance,
discipline and regulation of the National Guard of Delaware,"
passed at Dover May 7, 1897, including the salary of the
Adjutant General, five thousand dollars.
For the Town of Dover to pay for water furnished foi water.
the use of the State House, one hundred dollars.
For the Farmers' Institutes for the purpose of defraying Farmers'
incidental expenses of holding the same, six hundred dollars. I stitutes.
For the State Board of Agriculture, three hundred dol-=V I% of
lars. Agricul-ture.
For the Delaware Industrial School for Girls, one thou- Sr"chdo"oslt rli"
sand and five hundred dollars. for Girls.
For the Peninsula Horticultural Society, three hundred Peal/Italia tItA tor:alSkoal.i - dollars.
For the State Board of Health, one thousand dollars. HBoard
of
ealth.
For the trustees of Delaware College for the use of said Goolawaro
College, being its share of appropriations made by the General ge.
Government for the year 1898, nineteen thousand and two
hundred dollars.
For the trustees of the State College for Colored Students rata( vai-for
the use of said college, being its share of appropriations
made by the General Government for the year r898, four 8t"'"
thousand and eight hundred dollars.
For the burial of indigent soldiers, sailors or marines, Indigent
six hundred dollars. soldiers,
For the Historical Society ooI of Delaware for the use thereof, S e
II
imtot three hundred dollars.
For the purpose of reimbursing the owners of diseased cat-tle
killed under the provisions of Section 2 of the Act entitled
"An Act to prevent the spread of contagious or infectious
pleuro-pnetnnonia among the cattle of this State," and for all
other expenses under said Act, two hundred dollars.
For the purpose of defraying the expenses involved in
carrying out the provisions of the Act entitled "An Act for lower
the eradication of infections and contagious diseases among "us'
the lower animals," and of the amendments thereof, one
tin usand dollars.
1
1
38 LAWS OF DELAWARE.
OF PUBLIC REVENUE.
For insurance against fire on property belonging to the
State, one thousand dollars.
For repairs on property belonging to the State, one hun-dred
and fifty dollars.
For printing Acts and Resolutions of the General Assem-bly,
and for all other printing done for the use and benefit of
the State, including the books and papers to be furnished to
the Registration Officers, ten thousand dollars.
For the maintenance and instruction of the indigent deaf
and dumb, and indigent blind, and cr idiotic children,
in Institutions outside of the State, five thousand dollars.
Band. For the purchase of books, maps or other appliances for
the use of the blind, one hundred dollars.
Pnsident For the President of the Board of Trustees of the State ,,t iimrd Hospital at Farnhurst, for visiting the Institutions outside of
r.....-
htinm this State in which are being instructed at the expense of the
State, indigent deaf and dumb, indigent blind and indigent
idiotic children, and for making report to the Governor con-cerning
the same, one hundred dollars.
For the benefit of the Free Public Schools and in addition
to the income arising from investments of the Public School
Fund to be used exclusively for the payment of Teachers'
salaries and for furnishing Free Text Books, one hundred
thousand dollars.
hellti- For the education and training of juvenile delinquents
noi,..of committed from this State to the '''House of Refuge in the
gi,tio::
Refuge. City of Philadelphia and State of Pennsylvania under the
provisions of the Act, entitled " An Act to provide for the
education aud training of juvenile delinquents," passed at
Dover, March 9, 1883, three hundred dollars.
I ntvr,.st. Ior the purpose of payinu. interest on the indebtedness
of the State, thirty thousand
paying
hundred and sixty dollars.
For the purpose of paying the expenses of the State
Board of Education and also the expenses of the County
School Commissions under the Act entitled " An Act pro-viding-
for the establishment of a General System for Free
Public Schools," passed at the Adjourned Session of the Leg-islature
held in the year 1898, one thousand five hundred and
seventy-five dollars.
.4111(,1,1
Insurance
Printing.
14.af.
hi Ind nntl
LAWS OP DELAWARE. 29
OF PUBLIC REVENUE.
For the purpose of paying James L. Wolcott for one James L.
hundred copies of Delaware Chancery Reports, being the Wolcott.
decisions of his late father while chancellor, and for his ser-vices
in getting out said reports, nine hundred dollars.
For the purpose of paying David T. Marvel for one onvicr.
hundred and ten copies of Marvel's Delaware State Reports, marveL
one thousand and one hundred dollars.
For the purpose of paying the Secretary of State for.,s,r.s.iientiiettY
furnishing new seals for the Courts provided in the Act en-titled
"An Act concerning the Seals of the Courts," passed
at the Adjourned Session of the Legislature held in the year
1898, one hundred and fifty dollars.
For the purpose of paying the expenses under the pro- Rerlrml
visions of the Act entitled " An Adt providing for the appoint-ment
of a committee to make necessary repairs in the roof oft..
the State House, to have the outside of the State House
repainted, and to purchase necessary furniture for the different
offices, halls and rooms of the State House, and appropriating
three thousand dollars for the payment of the same," passe'a
at the Adjourned Session of the Legislature held in the year
1898, three thousand dollars.
--1Abro7'ed June I, A. D. /898,
30 LAWS OF DELAWARE.
OF PUBLIC REVENUE.
CHAPTER 19.
OF PUBLIC REVENUE.
A supplement to an Act, entitled "An Act making appropriations for the ex-penses
of the State Government other than Legislative expenses for the
fiscal year ending on Monday Immediately preceding the second Tuesday
of January in the year of our Lord one thousand eight hundred and ninety-nine."
lie if enacted by ate Senate and House of Rapt-est./datives of
/lee Stale Delaware in General Assembly mat
fiO uppro- SECTION 1. That there is hereby appropriated out of any printea to
lidditIonal moneys in the General Fund in the Treasury of the State of
con rt
stenogra- Delaware, not otherwise appropriated, the sum of three hun-pher.
dred and fifty dollars, or so much thereof as may be necessary
for the purpose of paying for the services of the additional
Court Stenographer and for making copies of the proceedings
in cases of appeal to the Supreme Court.
..-Ipprored June 1, A. D. MO.
CHAPTER zo.
oF PUBLIC R EVEN U E. -
An ACT appropriating certain money out of the State Treasury of this State
to pay certain claims against the State.
Be it enacted by flu Senale and House qf Represenlatives
the ,S/ale ey. Delaware in General Assembly met
ppro- SECTION 1. That the several sums of money hereinafter
,`,.11(3).ing named are hereby appropriated out of the Treasury of this ,honis
wpiinst State for the purpose of paying the claims hereinafter men-tioncd,
and the State Treasurer is hereby authorized and
directed to pay the same, that is to say
To Every Evening Printing Co., for printing, . $9o0 co
To News I-ublishing Co., for printing, . 650 oo
To State Sentinel Printing Co., for printing, 498 06
LAWS OF DELAWARE.
OF PUBLIC REVENUE.
To Sussex Journal, for printing, . $667 22 claims.
To Times Publishing for printing, 21 00
To Delaware Pilot, for printing, . . 90 95
To Wilmington Freie Presse, for printing, . . 27 15
To the Estate of H. L. Hynson, late editor Penin-sular
News S.: Advertiser, for printing . . 1 I 89
To M. L. Hydorn, editor Peninsular News & Ad-vertiser,
for printing . . . 18 40
To C. F. Thomas & Co., for blank books, . . 27 20
To P. K. Meredith, for postage stamps and station-ery
used by Insurance Commissioner, . 10 oo
To J. S. Godwin, for hauling for State House, . 8 70
To Joseph T. Potter, for work and labor done on
State Guard Boat, . . . 22 79
To Delaware Farm & Home, for printing, 5 oo
To the Smyrna Times, for printing-, . . . 71 48
To John P. Donahoe, for obtaining delinquent lists
of licenses, . . . . . . 70 90
To Lewis Dickey, for obtaining delinquent lists of
licenses, . . . . . 6o oo
To the Star Publishing Co., for printing, . 450 00
To State Librarian Jefferson, for extra work on
State House, . . . . . 250 00
To Richard B. Cooper, Janitor, for extra work on
State House, . . . 110 00
To The Delawarean, for printing, . . . 702 59
To Layton & Layton, for stationery and stamps, 341 93
To Dr. Edward Fowler, Insurance Commissioner,
stamps and stationery, . . . . 47 02
To Dr. Edward Frank Hearn, for copying book for
School Superintendent Knowles, .
To Sussex Republican, for printing, . 43623 )8C( -)
To Theo. Townsend, for printing, . 145 45
To The Delaware Democrat, for printing, 213 27
To Slaughter & Bice, for supplies for State House, 150 92
To Diamond State Telephone Co.; for telephone
in State House, . . . . . . 20 00
To Dover Gas Light Co., for gas for State House, 214 71
To The Delaware Democrat, for printing, . . 20 00
To Julian B. Robinson, for blank books, . . 16 io
To Satterfield & Faucett, for supplies for State
House, . I 1 15
31
32 LAWS OF DELAWARE.
OF PUBLIC REVENUE.
Claims. To Thos. Rossiter, for printing, . . . . $ to 50
To J. Frank Wilds, for reports on Direct Tax dis-tribution,
. . . . . . 500 oo
To The Star Publishing Co., for printing, . 316 oo
To The Herald (Milford), for printing, . . 125 oo
To James Kirk & Son, for printing, . . 400 oo
To Dr. Edward Fowler, for stamps, . . . 5 oo
To James A. Clifton, for supplies and work done
on State House, . . . 131 65
To Freeman & Webber, for printing, 49 03
Approved in ne 9, A. D. / S 9S .
CHAPTER 21.
OF PUBLIC REVENUE.
AN ACT to appropriate money to compensate the Recorder of Deeds for
New Castle County for recording report, field notes, description of monu-ments,
maps and other items of interest relating to the boundary between
the State of Delaware and the Commonwealth of Pennsylvania.
Be n acI(d by 11/ .).e n a le and House (y- Rep-even/at/yes ry-the
.syah, of Delaware in Genera/ Assembly me/
soot 0 la SECTION 1. That the sum of eight hundred dollars be
and the same is hereby appropriated to the Recorder of Deeds
C. C. Aluntgontery, of New Castle County, for recording re-aluryg
bpoapuenrdm' port, field notes, dt cription of monuments, maps, and other items of intereq relating to the boundary between the State
of Delaware and the Commomvealth of Pennsylvania, and
the State Treasurer is hereby authorized and directed to pay
the same.
.415A/7)1'd jlin( /, /1. 1). /SO%
5
lie it enacted by the Senate and House of Refiresentatives of
the State of Delaware in General Assembly met :
SEe4IN 1. That from and after the first Monday in June,,:evy
A. D. 1898 h evy Court of Kent county no-w organ- Of
ized and constitute e and the sanç_slra1l be
the terms, duties an abolished,and ol 5-0 o ce of the Levy Court
Commissioiiera_no imposing vCourt of Kent
county are-fiereby declared to be terminate and ended on
the said first Monday in June, A. D. 1898.
SECTION 2. That from and after the said first Monday in now to he
June, A. D. 1898, the Levy Court of Kent County shall be composed.
composed of ten members, one [of] shall be chosen from Front
each of the ten Representative Districts into which Kent
county is divided by the Constitution of this State, in the
manner hereinafter provided. 2Z-Y2- 3
SECTION 3. That in order to carry into effect the pur- Appoint-poses
of this act, James T. Truax, be and lie,is hereby,"gnu"
appointed. Levy Court Commissioner for Representative Dis-'"'"1"'
trict numbeiwne, James A. Clifton forpinTher five, John C.
Gruwell for ninuber six, Joseph A. Prear for number seven,
and Walter L. Joiles,for number ne, who shall hold their Term of
office respectively unlit. thefrrt Tuesday in February, A. D. "'nee
1901, and until their sit essors shall be duly elected and
qualified. That Davi I. 'G-1tids be and he is hereby ap- ppolot-pointed
Levy CoufrCoinniissionçfor Representative District= of
number two, H ry E. Mabrey forNjumber three, Benjamin
C. Cubbage Jor number four, Nathaniel J. Lank for number
eight, anc oslma D. Hill for number Iclikk who shall holdTmil
their offiee respectively until the first Tuesday in February, "1/1"'
A. D. 1899, and until their successors are duty elected and
qualified.
1
3
LAWS OF DELAWARE. 33
OF THE LEVY COURT.
CHAPTER 22.
OF THE LEVY COURT.
AN ACT Reorganizing the Levy Court of Kent County, and Defining its
Powers and Duties.
Elertion
of vertittn
iiiembers.
intstil flea-ions.
Term of
ottltp.
Election
oI- other
mem berm.
I 11,,t
tlt mg
Ip1rcnl.
nization.
t tat h.
ir..zanii. a-t
mn.
SEcTIoN 4. That at the general election to be held in the
year A. D. 1898 and every fourth year thereafter, there shall
be elected for the term of four \ -ears from among the resident
freeholders from each of the Representative Districts to wit
numbers two, three, four, eight and ten by. the qualified voters
thereof, one person to be Levy Court Commissioner of Kent
County. The persons elected at the said general election in
the \ -ear A. 1). 1898 shall hold their respective offices until
the first Tuesday in Vehruary, A. 1). 1903 and until their
successors are duly elected and qualified. And at the general
election to be held in the year A. 1). Iwo and every fdurth
year thereafter, there shall he elected for the term of four
\Tars from among the resident freeholders in each of the
following Representative Districts, to wit : numbers one, five,
six, seven, and nine by the qualified voters thereof, one
person to be a Levy Court Commissioner of Kent County._
The persons elected at the said general election in the year
A. 1). 190o shall hold their respective offices until the first
Tuesday in rebruary, A. D. I9o5 and until their successors
are duly elected and qualified.
SEcTi0N 5. The persons appointed Levy Court Commis-sioners
under the provisions of this act shall meet for Orga-nization
on the second Tuesday in June, A. 1). 1898, and
shall take the oath of office now provided by law for Levy
Court Commissioners ; :ind shall organize by electing one of
their number pri.siding officer, and ill case ally two of said
Levy Court Commissioner; shall recei \ c an equal and highest
number of votes for said 1)n:siding officer, and in case there
shall he a tie vote on ally other question whatsoever, (id] the
mertihers-trf-said.Levv- Court being- prestait--altdiag) the
Clerk of the Peace of Kent County, Or such other person as
may hereafter he the Clerk of said Levy Court, shall have the
dyciding vote. -Sili-14-+*t:tel ',eV V Court Commissioners shall
be sufficient t for r! anization and shall constitute a quorum
for the transaction of bu,inyss. The said Levy Court Com-missioners
shall haye power to make. rides for their govern-ment
not inconsktont with the Constitution and laws of the
State of 1)elaware ; and after their said rurs.t meeting they shall
au,(i. It the County Paildini2, in th,.. town of I);)ver on the first
Tn, .--,(1:!Y in eadi and c very it;o1;111 in each and evel y \ ear,excep-ti::,....!
thy month of _lime, _bil\ . An,,..,11,1 and Septcallwr. In c,isc.
34 LAWS OF DELAWARE,
OF THE LEVV COURT.
t.ritt
"Mee.
of death, resignation or removal from the district of any corn- VIICIID-missioner
elected or appointed under the provisions of this act,it
shall be the duty of the Governor to appoint some suitable per-son
to fill such unexpired term, having the qualifications herein- limnika-
- before required in that behalf. The Levy Court Commis- "ns'
sioners appointed and to be elected under the provisions of this
act, shall have full and complete jurisdiction over all and every Jurisdie-the
matters and things now vested by law in the Levy Court ti;10701.18'.(1
of Kent County as at present constituted, and in the several
members thereof, and shall exercise every power, privilege,
right and duty which now belongs to the Levy Court of Kent
County, as fully and completely as the Levy Court now by
law is authorized to do, except as the same is or may be
modified by the provisions of this act. Should any twp or
more persons voted for as Levy Court Commissioners of any Tie vote.
district receive an equal and highest number of votes cast at
any election, the Board of Canvass shall certify the fact to the
Governor, who shall forthwith select one of said persons to be ov,ision
Levy Court Commissioner from said district, who shall hold ovofntee,
the said office for two years from the first Tuesday in February
then next, and at the general election then next to be held in
said county a successor shall be elected in said district for the Eie,tion
unexpired term of two years. The Levy Court Commissioners sootr.souees-appointed
and to be elected, under the provisions of this act
.1 shall be paid as compensation for their services the yearly s inn-c6m-- -Ipren-l' . .,
1
- ofywo hundred dollars, in quarterly installments of friky-dglars Hlttiou.
each, in lieu of all other compensation, by warrants dury drawn
on the County Treasurer.shat it shall be the duty of the,;ttrrendo.
>preFent Levy Court of Kent county and every commissioner
thereof, and every person_ having control or possession of any
records, books, papers or other property belonging to the said
Levy Court of said county, on the said first Tuesday in June
A. 1). 1898, to surrender and deposit the same with the Clerk
of the Peace of the said county, who shall keep the same sub- i:tity.of.
ject to the control of the Levy Court Commissioners appointed
under the provisions of this act. And in case the said Levy Neglect or
Court or any commissioner thereof, or any other person havingr,igsj,','6',,',:
possession thereof as aforesaid, shall neglect or refuse on books' ' demand of said Levy Court Commissioners appointed as afore-said
to surrender and deliver up such records, books, papers
or other property to the said Clerk of the Peace in and for
Kent county, such and every person so neglecting and refits-
LAWS OF DELAWARE. 35
OF THE LEVY COURT.
36 LAWS OF DELAWARE.
OF THE LEVY COURT.
jug as aforesaid- shall be guilty of a misdemeanor and upon
Penalty. conviction thereof -shall forfeit and pay a fine of five hundred
dollars and be imprisoned for the term of one year or until the
said records, books, papers or other property shall be delivered
into the custody of the said Levy Court Commissioner.
v:"$ SEcrioN 6. -T-kat:Sthe said Levy Court Commissioners at
their meeting in March, A.....ILL8-987-and---ineach---and-ekery
went of. year-thereafter, after having settled with the collectors of the
said several districts as hereinafter provided, shall appoint for
Ct. Number, each of the zisl ten representative districts one qualified voter
Districts, resident therein, to be collector of taxe:li,$)aidnistrict for the
Powers year in which he shall be appointed, shall have all the - anti
\ duties. power and authority and be subject to all the requirements,
c qualifications and duties -lieLetafore imposed upon collectors
Diaio:ot of taxes in and for the County aforesaid. It shall be the duty
of said several collectors in said county to make a full and
complete settlement with the said Ley: court in January in
each and every year, at which time the said Levy Court shall
Errors, allow each of said collectors such errors, delinquents and un-del
I n- quentv. collectable taxes as it shall deem meet and proper. After such
errors, delinquents and uncollectable taxes and the per centum
he-gei4+14@ieze provided for shall be allowed and deducted from
the aggregate amount of the duplicate delivered to each of
collectors said collectors, if then any or all of said collectors are in
in arrears to said county, such collector or co/lectors as are so in
point: arrears shall be ineligible for re-appointment unless such ar-meat.
rearages shall be immediately paid over to the County Treas-urer
of said County.
Termina-
1 ion of
terms of
'crus tees
of t he
l'our.
A ppoln I-meat
of.
list rtets.
SECTION 7. That from and after the said first Tuesday in
February, A. D. 1899, the terms of office of the several trustees
of the poor theretofore appointed by the said Levy Court of
Kent county shall then be terminated and ended and the Levy
Court Commissioners appointed and to be elected by and under
the authority of this act, be and they are hereby authorized
and directed, and it shall be their duty to appoint for each of
said representative districts a qualified voter of and a resident
in the district, and the persons so appointed shall compose the
trustees of the poor for Kent County. The said Levy Court
shall at its first meeting- in February, A. I). 1899, appoint from
the even numbered districts five trustees of the poor who shall
serve until the Fel» nary meeting of the said Levy Court in
LAWS OF DELAWARE. 37
OF THE LEVY COURT.
the year A. D. 1900, when their successors shall be appointed Saccessors
by the said Levy Court for the term of two years, and likewise Term.
every two years thereafter. And five other trustees shall be iinlignift,-
appointed by said Levy Court at its first said meeting in Feb- others.
ruary A. D. 1899, from the odd numbered districts, who shall
serve until the February meeting of the said Levy Court in Term.
the year A. D. 1901, when their successors shall be appointed successors
by the said Levy Court for the term of two years and likewise Term.
every two years thereafter. In case of a vacancy or vacancies Vacancies
happening by death or otherwise the Levy Court shall at any
meeting thereof fill the same for the unexpired term. In
addition to the powers and duties now possessed and imposedAdron-i
luti es upon the trustees of the poor of Kent county aforesaid, it shall gr.
be their duty to certify to the Levy Court on or before the
first Tuesday in March A. D. 1899, and in each and every year
thereafter an estimated amount of the appropriation which it
will require for the maintenance of the Almshouse for the year
succeeding, beyond the produce and income derived from the
Almshouse farm ; and the said Levy Court shall levy a proper Taxation
rate for that purpose, to be levied with the other county rates, almshouse
and to be collected by the county collector of said county as Collection
provided by this act. of.
SECTION 8. That for all work and labor required to be contracts
done upon the public roads of said county, or for the con- trgrairril.
struction, repairs and maintenance of bridges which are main-''
tained at public expense, and for materials, tools, implements
and machinery to be furnished, had, used, for, or on account
of said county, where the cost in any particular case, section
or district which may be established by said Levy Court which
will probably exceed the sum of two hundred dollars, the Levy pt:ceding
Court shall publicly invite -sealed proposals for the doing of Bids.
such work and for the furnishing of such materials, tools,
implements and machinery, and shall give the contract to the Award of
lowest, competent and responsible bidder or bidders, and the ""t""
said Levy Court shall require of such bidder or bidders a
bond to the State of Delaware in double the amount of such Bond for
bid with surety or sureties to be approved by the said Levy
Court for the faithful performance of such contract. twee.
SEcTioN 9. Tlatjt shall be the duty of the said Levy 0017081e1rs
Court of Kent county, it_niing A. 11_1.899,
and in each and every year thereafter, to appoint for each of ' ../
OF THE LEVY COURT.
LAWS OF DELAWARE.
1pfflnt-said ten representative districts one or more qualified voters
:11,:vturth" resident therein to be overseer or overseers of roads whose
Imtks duties, powers, qualifications and requirements shall be the
same as now tequired and imposed by law upon road over-seers,
except as herein provided. Proz-ided, that said Levy
Ittis on Court shall not assign to any of said road overseers a road lying
a;yiding iris or partly in two or more districts. ..Ilidprovidedf/1111/er, that
,I1Qt !lets. where a road is the dividing line between two districts an
overseer therefor may he appointed frcin either district. And
it shall be the duty of each of said Levy Court Commissioners
on such day or days in Fel,ruary A. D. 1899, as he shall desig-nate,
and in each and every year thereafter, to settle with the
said road overseers in his district at some central and conven-ient
place to he by him designated, notice of which time and
place of meeting shall be given to each of said several road
overseers by each of said Levy Court Commissioners, either in
person or by letter, at least ten days before the time of meet-in,
and the said Levy Court Commissioners shall make a
report in writing to said Lev v Court at its next session, which
said report shall show an itonized statement of all moneys re-ceived
and expended by each of said road overseers, accom-panied
by vouchers and receipts for all items. Provided that
x4) per no per diem or mileage shall be allowed to any road overseer
or Levy Court Commissioner for or on account of attending
said meeting.
S ECT )x 10. That the said Levy Court shall, on the first
k. Tuesday in March, A. I). 1899, and in each and every year
Appol.t thereafter, appoint for each of the said several ten representa-
"k"*"*Is. tive districts, at least one and not more than three qualified
voters, resident therein, to he constablc or constables for the
said district for the year in which they shall be appointed, and
who shall have all the power and authority, and shall be sub- "' d""'"' ject to all the requirements, qualifications and duties hereto-fore
imposed or ohligatLd by law, upon constables in and for
the county aforesaid.
ros.;ii...criox 11. /The said Le yy Court iielectiiig grand-Thid
Appor-oonnicnt
petit. jurors sh_alkapportion,tye number 'Attired bv(law among
the sevtg:al rcpresntat.irt"-d istriets rfa 1 1 Y:
.m'u,o Ir.a y herSsE CelTeeHt-)t-Nd- 44I 92 . saidT hLaetv tyh eC vooutret s sohf aall mbae jonreictyes soafr ayl l toth eel e'ncet uotr-
LAWS OF' DELAWARE. 39
OF THE LEVY COURT.
appoint all officers that said Levy Court is now or may be elev.( olll-hereafter
authorized by law to elect or appoint. Prop/dry/that ce"..
in case of a tie between the two candidates receiving the'rievot,
highest number of votes, the Clerk of the Peace of said Kent C erk of
county, or such other person as may hereafter be the Clerk ofi.!:`,',11,41iT
said Levy Court shall have the deciding vote, as hereinbeforeV,`,;',,7.
provided for.
SEcTI(ux 13. That all existing laws in relation to the Levy liNtsting
Court of Kent county shall be applicable to the Levy Court of Iti1,1%,;(..T.H.
Kent county as composed and constituted under the provi-sions
of this act, so far as they are consistent herewith.
SEcrioN 14. All acts or parts of acts inconsistent with
this act are hereby repealed.
...1/515/7n.rd .11i13' IV, R iS9S.
CHI 1"I'ER 23.
OF THE LEVY COURT.
AN ACT providing for the Assessment and Collection of a Capitation Tax.
Re /*/ Cl/third ate Sr /MO Ild IfousC ty Representarizrs
/lie Slab. e!/. D la a 'an' 1 Geno-al ..-Issembir mt./
SEcTioN 1. That it shall be the duty of the Levy Courts
of the respective counties of this State at the April Session, (nuns
'0
A. 1). 1898, to assess and levy a capitation tax upon each and l',U1'""""
every male citizen of the age of twenty-one years or upwards,
whose name shall appear upon the assessment books of tht..iv".11.
county.
Such capitation tax shall in no case exceed the SUM of one 1.h.nli".,,1
dollar and twenh -live cents nor be less than the slim of I".
twenty-fiye cents, and shall be uniform throngliont the Comity
in which the same is levied and a:-,sessed, and it shall be the"'"
further duty of the the said Levy Courts of the respective
Duties of
n8800401'8.
Powers of
t2olleetorm.
11 \ est-
I II eat s of
savincs
un n lis
assessed.
An Act to amend Chapter 381, Volume 20, Laws of Delaware, entitled "An
Act to Equalize Taxation for State and County Purposes."
11e 1/ enacled by the Senate and House q/. Refir.esenlalives
the Slate e!/. Be/aware in General Assembly mei :
SEcTioN i. Amend Section 2 of said Chapter by striking
out in the twenty-seventh and twenty-eighth lines thereof the
words " all investments by Savings Banks and."
Sv.crIoN 2. Amend said Chapter by striking out all of
Section 3 thereof and inserting in lieu thereof as Section 3
thereof the following, viz
" SEcTioN 3. All classes of property herein named and
11,st ssUli made subject to taxation shall be assessed and taxed whether
40 LAWS OF DELAWARE.
OF THE LEVY COURT.
counties of this State, at their October sessions annually
Hate, hereafter, to fix and determine the amount of the capitation
tax which the assessors shall assess for the year thence next
following, said amount shall be neither greater nor less than
is in this section hereinbefore prescribed.
SECTIONg *iit shall be the duty of every assessor in
the respective counties of this Staterlattesiter, in making
their assessments to assess every male citizen of the age of
twenty-one years or upwards, residing within his assessment
district, with the capitation tax which the Levy Court of his
county shall have, previous to such assessmentjfixed and de-termined
as being the proper sum for such capitation tax.
SECTION 3. The collectors in the resrective counties of
this State shall have the same power to enforce the payment
of the capitation tax assessed and levied by the provisions of
this act as they have for the collection of county taxes.
.'1Pfirtri'ed Afil-17 21, A. D. 1 S 9S
CHAPTER 24. q
01: THE LEVY COURT.
LAWS OF DELAWARE. 41
OF THE LEVY COURT.
the same be situated in this State or elsewhere, and whether
the same be held as owner or in trust_ for the owner in any
capacity whatsoever, and the person owning, holding, or con-trolling
the same shall, at the request of the assessor, be
required to make returns thereof to the assessor of his hundred Returns.
or assessment district, showing distinctly where the same is
situated, owned or held and the owner thereof. And when
said returns are received by the assessors they shall be ar-ranged
alphabetically in lists separate from the list of other
taxable property ; firovided, however, that any investment
liable to assessment and taxation by this act, which is taxed ini,lovnerst.e
in any other State or county is expressly exempted from the etuPted
provisions of this act."
SEcTroN 3. Amend Section 4 of said Chapter by inserting- Affirnut-betWeen
the word " oath " and the word " to " in the fourth ""'
line thereof the following words, viz : " or affirmation."
St.:crioN 4. Amend Section 5 of said Chapter by inserting Fallttre to
bei.AVCell the word " any " and the word " officer " in the first
line thereof the following- words, viz : " Persons owning, hold-ing
or controlling any investment liable to taxation under
this act."
SP:criox 5. Amend the said
of Section io thereof.
SEcrioN 6. Amend Section 1
ing between the word " thereto"
fifth line thereof the following w
Or."
Chapter by striking out all Affidavits
at time of
suit not
required.
1 of said Chapter by insert- Anirm.-
and the word an in the
ords, viz : " An affirmation
oN 7. Amend the said Chapter by striking out all
of Section 12 thereof and inserting in lieu thereof the follow-ing,
viz
" SEcTioN 12. That of the moneys which shall be levied Appw.-
and collected under the provisions of this act in Stts..'N.
county, one fourth thereof shall be for the use of the State
and the other three-fourths thereof for the use of Sussex Sussex Co.
counts ; that of the moneys which shall be levied mid col-lected
under the provisions of this act in Kent county, one- K,,nt co.
fourth thereof shall be for the use of the State and the other
three-fourths thereof for the twe of Kent comity ; that of the
6
M11
\ In, 11,
11.01.1111.-
h
law in their respective countie.s ."
SEcTiox S. Amend the said Chapter by striking out all
of Section 14 thereof, and inserting in lieu thereof the follow-ing,
viz
"Section 14. The assessors in making the assessments of
the investments liable to taxation under this act, shall require
any person making return of property as hereinbefore provided,
to make said return under oath or Iffiflhiltl0Il,signed by the
per making the return. Said assessors are hereby author-ized
and empowered to administer any oath or affirmation re-totired
by imy of the provisions of this act."
42 LAWS OF DELAWARE.
OF THE, LEVY COURT.
New cas- moneys which shall be levied and collected under the pro-tie
Co. visions of this act in New Castle county without the limits
of the City of Wilmington, one-fourth thereof shall be for the
use of the State and the other three-fourths thereof shall be
for the use of New Castle county ; and that of the moneys
which shall be levied and collected under the provisions of
too. this act, within the limits of the City of Wilmington, one-fourth
thereof shall be for the use of the State and another one-fourth
thereof shall be for the use of New Castle county and
the remainin;,, two-fourths thereof shall be for the use of The
Mayor and ."'Council of Wilmington.' And the County 1rer Treasurer of each of the several counties shall quarterly pay
toov cpra. y over to the State Treasurer all moneys which shall have come
to his hands for the use of the State under the provisions of
this act. And the County Treasurer of New Castle county
shall quarterly pay over to the Treasurer of The Mayor and
Council of Wilmington,' all moneys which shall have conic
into his hands for the use of the said The Mayor and Council
of Wilmington,' under the provisions of this act.
s,piirtite "In assessing and collecting the taxes provided for in this
mu] dopii- act, the assessments duplicates, and accounts shall be kept
separate and distinct from assessments, duplicates, and ac-counts
of all other assessments and taxes, provided for by the
isond or laws of this State. And each of said County Treasucts shall
on or before the first day of June, A. D. 1898, enter into an
additional bond to the State of Delaware in the sum of five
thousand dollars, to secure all moneys which shall conic into
Ii is hands under the provisions of this [Let, which said bond
Appr111. shall be approved in the sante manner and by the same per-sons
as the bonds of County Treasurers are now required by
LAWS OF DELAWARE. 43
OF THE LEVY COURT.
SECTION 9. Further amend the said Chapter as the same Numr
iseneuteicdn.m is in this act amended by changing the number of Section cohi
thereof to ro, and the number of Section 12 thereof to II, and
the number of Section 13 thereof to 12, and the mnnber of
new Section 14 thereof to 13.
SEcrioN ro. Further amend the said Chapter by adding
at the end thereof as Section 14 the following, viz
"SEcnoN 14. The Levy Court shall on the first day of Instrue-
November Session, give to the assessors instructions as to the ttlisretlito°rs.
meaning and intent of this act, and shall prescribe and pro-vide
forms for their return ; and the said courts may in case of Returns.
necessity appoint another day or other days for appearance of Other
the assessors or any of them to receive the aforesaid instruc-,,Sesepf
tions."
SEcTioN II. Further amend said Chapter by adding there-to
as Section 15 thereof the following, viz
"SECTION 15. If any assessor shall fail or refuse to make Failure or
the assessment provided for under the provisions of this act, cie, %Rev:,
or shall fail to make his returns to the Levy Court on
and times herein provided, or shall fail or refuse to ptieledray-s
form any duties required of him by any of the provisions of
this act, be shall be guilty of a misdemeanor and upon con- Mimic-
VletiOn thereof, shall pay a fine of not less than one hundred menu".
dollars nor more than five hundred dollars or be imprisoned I ennit3.
not less than ten days nor more than six months."
SECTION 12. Further amend said Chapter by adding
thereto the following Section as Section 16 thereof, viz
"SEcTwx 16. The form of return provided for in Sectionl:'ortii ;Ind
14, shall contain in separate columns : First, the names of tax-. ables ; second, of the stocks ; third, of the bonds ; fourth, of
the mortgages ; fifth, of the miscellaneous investments ; sixth,
the aggregate sum ; and the seventh column shall be reserved
as a space for remarks."
S ECTION 13. Further amend said Chapter by adding
thereto as Section 17 thereof, the following, viz
" SECTIO N 17. That this act shall apply to assessors, whose
duty it was to return the assessments to the Levy Court at Hersstut
its February, A. D. 1898, Session. And all the assessments')
coot nen-rod
ton of
co' lectors.
44 LAWS OF DELAWARE.
OF THE LEVY COURT.
wben which should have been made and returned to the Levy Court
made ttud
returned. at the said February Session, shall be made and returned to
the Levy Court at any time prior to the twenty-sixth day of
June, A. D. 1898. And the Levy Courts shall immediately
lionsnts ru teo- .upon the passage of this act instruct the said assessors as to
IttiqeSSOrS, their duties under this act."
SEcTiox 14. Further amend said Chapter by adding
thereto as Section 18 thereof, the following, viz
Anima " SECTION 18. The assessments provided for under this
7IS,CSS
ments. act shall be made annually throughout the State."
SEcTioN 15. Further amend said Chapter by adding
thereto as Section 19 the following, viz
who to " SECTION 19. That if any affidavits required by this act,
make cer-tain
am- the president, secretary and treasurer or cashier of a corpora-tion
may make the same on behalf of said corporation, or any
member of a firm or partnership on behalf of said firm or
partnership."
SEcTIoN i6. Further amend said Chapter by adding_
thereto as SOCCO:1 20 the following, viz
I trnmeYs' " SECTION 20. That any attorney-at-law admitted to ut Nur to practice in the Courts of this State shall have full power and
ter oaths. authority and may administer the oath or affidavit required
by any provisions of this act."
SEcTioti 17. 1-.'urther amend said Chapter by adding
thereto as Section 21 the following, viz
"SECTION 21. That the Levy Coimrt. in the several coun-ties
are hereby authorized to -fix the rate or amount of com-pensation
to be allowed to the collectors for the performance
of their duties under this act."
SEcT N i S. Further amend said Chapter by adding
thereto as Section 22 the following, viz
" SEcTioN 22. That in making- publication of the laws
enacted_ at the present session of the General Assembly the
Secretary of State shall publish the act to which these amend-ments
are added as the said act is hereby amended."
LAWS OF DELAWARE.
OF THE LEVY CouRT.
SECTION 19. Further amend said Chapter by adding
thereto as Section 23 the following, viz:
44 SECTION 23. All acts OT parts of acts inconsistent with
this act are hereby repealed."
4ô roved May 25th, A. D. 1898.
CHAPTER 25. (,/ -.1./'-
cw THE LEVI' couRT.
citATTER 381 of Vol. 20, as amendedAn Act to equalize Taxation for
State and County Purposes.
WHERE:As, It is but just that the burden of taxation should
be adjusted and distributed so that it may bear equally upon
all according to the value of every man's estate ; and
WHEREAS The present system of taxation is unjust and
oppressive, in that it taxes most the property least profitable
and relieves altogether that which produces the greatest in-come
; and
WHEREAS, Every consideration of justice, equality and
fair play, requires that all property paying interest or yielding
an income should be taxed and made to bear a fair share of
the burdens of the Government ; therefore,
Lie 1/ (waded by lhe &wale and Holl.w Reibresenlalives (y-aw
Stale qf Delaware in General Assembly met:
SF.c..TIoN 1. That in addition to the real and personal interest
property now liable to be taxed under existing laws, it shall tWitgetIltil;
be the duty of the assessor of the various hundreds or assess-ment
districts in this State to assess at three-fourths their ,Iiits( ;,°s"to ,V
actual cash value all investments paying interest or yielding,t!Cottiee-an
income and which are not now taxed for either State or
county purposes, or exempted by this act, and the same shall
be taxed for all State and county purposes.
45
46
Rind of
Invest-ments
to
be
messed.
Invest-ments
exempt
from as-sessment.
LAWS OF DELAWARE.
OF THE LEVY COURT.
SECTION 2. Under the head "Investments" the following
kinds are included : All bonds for the payment of money,
mortgages, stocks of every kind, not herein expressly excepted ;
all judgments, fecognizances and decrees for the payment of
money ; all judgment notes and certificates of indebtedness
(except such as are given in good faith for goods sold and
delivered, for wages and such judgment note or other evidence
of indebtedness, as may be given for short periods in the
course of business and not used or intended as investments);
all alienation bonds bearing interest, or when the interest is
included in the body thereof ; all interest-bearing loans to any
person, firm, company, limited partnership, bank, banking
association and corporation of whatsoever kind, whether do-ing
business in this State or elsewhere. Payment of interest
in advance or adding it to the principal shall in no case
exempt the lender or creditor from the payment of the tax.
The following are excepted and excluded from the operation
of this act : All loans and evidence of indebtedness of the
United States, of the State of Delaware or of any of the coun-ties
thereof ; of religious or benevolent associations whose real
estate is by law exempt ; and of such other securities as are
now exempt by express piovisions of law ; all loans which are
made to local manufacturing companies, hypothecated upon
the real estate of such companies, when their real estate is
expressly exempt by law ; all stocks, bonds and mortgages in
educational, charitable, benevolent or cemetery institutions,
whether incorporated or not, and *
shares of building and loan associations and
investments made by them.
Property "SMCTION 3. Al] classes of property herein named and
assessed. made subject to taxation shall be assessed and taxed whether
the same be situated in this State or elsewhere, and whether
the same be held as owner or in trust for the owner in any
capacity whatsoever and the person owning, holding or con-trolling
the same shall, at the request of the assessor, be re-
Itemmirims. quired to make returns thereof to the assesscr of his hundred
or assessment district, showing distinctly where the same is
situated, owned or held and the owner thereof. And when
said returns are received by the assessors they shall be ar-
SplinLet. ranged alphabetically in lists separate from the list of other
taxable property ; provided, /wwever, that any investment
LAWS OF DELAWARE. 47
OF THE LEVY COURT.
liable to assessment and taxation by this act, which is taxed Invest-in
any other State or county is expressly exempted from the'Xelt131;11ed.
provisions of this act."
SEcTioN 4. The president and secretary of all corporations President
and associations liable to taxation under this act, shall, on the t;inr`y
isoet
first day of December in each year, make their respective
returns under oath [or affirmation] to the assessor of the iiIel:nicren to
hundred or assessment district in which the principal office 'ounrc1.
or business place of the corporation or association is situated ; end sear.
which return shall show the whole number of .shares in each Contents
of said corporation or association, the market value of each ot return.
share and the aggregate market or real value of all the shares,
with the name of the owner and the number of shares owned
by each respectively.
SECTION 5. Any [persons owning, holding or controlling Failing.
any investment liable to taxation under this act] officer of
any corporation or association failing to make return or report
as herein required shall be guilty of a misdemeanor, and upon
conviction thereof shall pay a fine of not less than ten nor Punish-more
than five hundred dollars, or to be imprisoned not less me"
than ten days nor more than six months.
SECTION 6. The intention of this act being to tax the Lender to
owners and investors of capital and not the borrowers or "a"'"'
debtors ; therefore, every individual person, corporation, com-pany
or association whatever and every officer thereof, asking,
demanding, contracting for or receiving any money or con- Ileisadne; r to sideration whatever on account of said tax, in reduction remit
thereof or otherwise, or Nyho shall by any device whatsoever t'01,117.ei
impose or try to impose such tax or any part thereof upon
any debtor whomsoever, under any pretext whatsoever, shall
be guilty of a misdemeanor, and shall, upon conviction thereof,
be ffuinmeedd in any stun not less than one hundred dollars nor int,nt.
more than one thousand dollars and costs.
SEcTioN 7. Each and every debtor by bond, judgment, 111),e,illgor of
mortgage, recognizance, decree or otherwise (whose debt is
liable to taxation under this act), when the creditor is a non2:1`U`st
resident of the county or State, shall be liable for the tax on it;e1111`,1.1.(1
his debt, in the first instance ; but upon payment thereof, he
shall be entitled and it shall be his duty to deduct the same (wait,
front the interest due or accruing thereon ; and any such Itnilion%1
...sh.totte
to ;unlit'
48 LAWS OF DELAWARE.
OF THE LEVY COURT.
forfeit of creditor refusing to allow such credit on taxes so paid shall
iMntaesrte psat.y forfeit all accrued interest ; and no debtor shall remit or make
tax before payment to his creditor out of the State until the tax in- interest.
posed upon his said debt by this act has been paid.
Assessors SECTION S. In making the assessment and collecting the
stud collec-tors'
taxes assessed under this act, the assessors and collectors
powers. shall respectively have all the power and authority now by
law conferred upon them in the assessment and collection of
taxes in addition to what is conferred by this act. And the
tittlees public offices of the respective counties and the records there-and
rue
ords ope-n of, during business hours, shall at all times be open to in-to
ottleers. spection free of charge.
Worthless SECTION 9. Debts due by insolvent debtors, and where
debts eX-eln
pt. there is no other security, shall not be taxed ; and when a
Mortgage bond and mortgage are given for the same debt, the mort-
Hied by gage only shall be taxed ; and railway or railroad companies
hood. and the stock or bonds of such company paying a stipulated
Proper:3' tax or sum in lieu of all other taxes as provided by (law) shall
`. HP be exempt from the taxes specially provided for in this act.
Affidavit SECTION to. That from and after the passage of this act of lender
of money every person, firm or corporation who shall make any invest-1,1b,
e, du t- ment of moneys, securing the same by bond and mortgage,
of toleht- judgment note, or certificate of indebtedness, shall make and
cause to be attached thereto) [an affirmation or] an oath on
the Holy Evangels of Almighty God that he, they nor it
have required the debtor, his agent, attorney, or any person
for hint, to pay the Lax levied upon the said note, bond, bond
and mortgage or certificate of indebtedness, in advance, nor
will he require the taxes assessed or to be assessed thereon
to be paid by the debtor or any person for him during the
existence of the debt. And upon assignment of any such
debt so evidenced as aforesaid, except for the purpose of col-lateral
security, the assignee shall be required to make, sub-scribe
to and have thereto attached, an oath in the saute form
and to the same effect as is above required of the original
obligee or mortgagee.
ppm, Sp:0'1(1N ii. That of the moneys which shall be levied
I km!, ai and collected under the provisions of this act in Sussex
county, one-fourth thereof shall be for the use of the State
co. and the other three-fourths thereof for the use of Sussex
LAWS OF DELAWARE. 49
OF THE LEVY COURT.
county ; that of the moneys which shall be levied and col-lected
under the provisions of this act in Kent county, one- Kent Co.
fourth thereof shall be for the use of the State and the other
three-fourths for the use of Kent county ; that of the moneys
which shall be levied and collected under the provisions of
this act in New Castle county without the limits of the City
of Wilmington, one-fourth thereof shall be for the use of the
State and the other three-fourths thereof shall be for the use
of New Castle county ; and that of the moneys which shall m I n
be levied and collected under the provisions of this act,
within the limits of the City of Wilmington, one-fourth
thereof shall be for the use of the State and another one-fourth
thereof shall be for the use of New Castle county and
the remaining two-fourths thereof shall be for the use of The
Mayor and Council of Wilmington.' And the County Treas-!?mnty
urer of each of the several counties shall quarterly pay over
to the State Treasurer all moneys which shall have come to°''.
his hands for the use of the State under the provisions of this
act. And the County Treasurer of New Castle county shall
quarterly pay over to the Treasurer of The Mayor and
Council of Wilmington,' all moneys which shall have come
into his hands for the use of the said The Mayor and Council
of Wilmington,' under the provisions of this act.
In assessing and collecting the taxes provided for in this act, se pa rale
S
the assessments, duplicates, and accounts shall be kept separate and di,
and distinct from assessments, duplicates, and accounts of all
other assessments and taxes, provided for by the Laws of this
State. And each of said County Treasurers shall on or before
, Treasurer. the first day of June, A. D. 1898, enter into an additional coutitY
bond to the State of Delaware in the sum of five thousand
dollars, to secure all moneys which shall come into his hands
under the provisions of this act, which said bond shall be
approved in the same manner and by the same persons as the A P Proved
bonds of County Treasurers are now required by law in their
respective counties.
SECTION I 2. That, all the provisions of law in relation to EN king
assessments and the duties of assessors relative thereto, as1,11`,.."la
well as those in relation to the Levy Court with reference to
assessments, appeals and corrections thereof, making rates
and levies, are made applicable to the assessments and levies
50 LAWS OF DELAWARE.
ov Tim LEvv couRT.
to be made and authorized to be made under the provisions
'tut, or:to of this act. Prozided, that the Levy Courts of the several
X.Ta,"f counties of this State in laying taxes under the provisions of
SISSuSS- this act relating to the taxation of bonds, mortgages, stocks,
judgments, recognizances, decrees, notes, certificates of in-debtedness,
and other investments, shall lay the same at the
rate of thirty cents on each one hundred dollars of the assess-ment
to be made and returned by the assessors as aforesaid.
rot"h,'t ors. And every collector of county taxes shall have all the author- itv and power to collect the taxes imposed by this act as he
now has for the collection of county taxes under existing law.
netorm, " SEcrinx 13. The assessors in making the assessments
omit,
owl, or. of the investments liable to taxation under this act shall re-quire
any person making return of property as hereinbefore
provided, to make said return under oath or affirmation, signed
who to by the person making the return. Said assessors are hereby
ttdottois- authorized and empowered to administer any oath or affirma- ter oath. . twit required by any of the provisions of this act."
" Section 14, The Levy Court shall on the first day of
:loos to November Session, give to the assessors instructions as to the
meaning- and intent of this act, and shall prescribe and pro-liet
urns. Vide forms for their return ; and the said Courts may in case
I It hr of necessity appoint another day or other days for appearance
rw.
lipipenr of the assessors or any of them to receive the aforesaid in-
,' livc- structi(ms."
or SECT N m5. If any assessor shall fail or refuse to make
the assessment prt,vided for under the provisions of this act,
or shall fail to make his returns to the Levy Court on the
days and times herein provided, (Jr shall fail or refuse to
perform ally duties required of him by any of the provisions
of this act, he shall be guilty of a misdemeanor and upon
conviction thereof, shall pay a fine of not less than one
1 ,. tooty. 'lunched dollars nor more titan live hundred dollars or be
imprisoned not less than tell days nor more than six months."
n. Juni, " SEcrnix 16. The form of return provided for in Section
shall contain ill separate columns : First, the names of
taxables ; second, of the :,tocks ; third, of the bonds ; fourth,
of the _mortgages ; fifth, of the miscellaneous investments
!.ixth, the aggregate sum ; and the seventh column shall be
rcs(.rved as a space for rentark:."
LAWS OF DELAWARE. 51
OF THE LEVY COURT.
" SECTION That this act shall apply to assessors, mum-whose
duty it was to return the assessments to the )i ents1 esi'tM
Court at its February, A. D. 1898, session. And all the of1"8*
assessments which should have been made and returned to Whu to
the Levy Court at the said February Session, shall be made
and returned to the Levy Court at any time prior to the turned'
twenty-sixth day of June, A. D. 1898. And the Levy Courts linstrue-shall
immediately upon the passage of this act instruct the=rg.
said assessors as to their duties under this act."
" SECTION 18. The assessments provided for under this Annual
assess act shall be made annually throughout the State." ntents.
" SECTION 19. That if any affidavits required by this act, Certain
the president, secretary and treasurer or cashier of a corpora-VVTou''
tion may make the same on behalf of said corporation, or any
member of a firm or partnership on behalf of said firm or
partnership."
" SECTION 20. That any attorney-at-law admitted to A ttorney-practice
in the courts of this State shall have full power and
authority and may administer the oath or affidavit required tor Oath..
by any provisions of this act."
" SECTION 21. That the Levy Court in the several coun- Corer-ties
are hereby authorized to fix the rate or amount of com-8clotia?tol!s.
pensation to be allowed to the collectors for the performance
of their duties under this act."
" SECTION 22. That in making publication of the laws Publica-enacted
at the present session of the General Assembly, the tion °filet.
Secretary of State shall publish the act to which these
amendments are added as the said act is hereby amended."
" SECTION 23. All acts or parts of acts inconsistent with
this act are hereby repealed."
SSed DOZYT, jilly 20, /S97.
A C tied by Ad (715firOVeli May 25, A. D. IS9S.
ii
52 LAWS OF DELAWARE.
OF ASSESSORS.
. CHAPTER 26.
OF THE LEVY COURT.
AN ACT to extend the time for making and correcting Assessments for the
rear 1898.
Pe' I./ enada by fin' ,Siwafr and Honst (y- Refiresentatives
the Slat(' of Deltrawre in General ,-Issevnblv mel
Extenslon SEcTrox 1. That the time for making assessments and
<>1- time of
uniHm.: corrections thereof, for the year A. D. 1898, by the Levy
nna
rect toLf Courts of the respective counties of this State, be, and the
same is hereby extended until the last day of April instead of
the last day of March as provided in Chapter 8 of the ReVised
Code ; and for the purpose of making such assessments and
corrections the said respective Levy Courts are hereby di-rected
and required to meet during the last week of April of
the present year.
-/pproved .1. IN9S,
CH.- PTER 27;
OF ASSESSORS.
AN ACT to amend Chapter 30, V01111110 17, Laws of Delaware, providing for
the Election of Aiuminiorm for Wilmington Hundred.
lie/./ ellatit'd hi' the Setwe a /111 hrtMSe (31 RepirSelltaliVeS ry.
Me Shut, ,y Pe/aware-ill (;enera/ .-Isseuthty
AN.Vhh- SECTION 1. That Section one of Chapter thirty, Volume
to seventeen, Laws of Delaware, he and the same is hereby
amended by :;triking out the words " First, Second, Fourth
ust,mi and Eighth wards ''in the sixth /ine of said Section and insert l
in lieu there of the xvords" First Representative District." Fur-
ARE.
;ho
(2/
LAWS OF DELAWARE.
OF ASSESSORS.
ther amend said Section one by striking out the words " Third,
Fifth, Tenth and Eleventh wards," in the tenth line of said
Section and insert in lieu thereof the words "Second Repre-sentative
District." And further -amend said Section one by
striking out the words " Sixth, Seventh and Ninth wards "in
the thirteenth and fourteenth lines of said Section and insert
in lieu thereof the words " Third Representative District."
And said Section one be further amended by adding thereto
at the end of said Section one the following : " And all that New:is.
portion of the said hundred comprised within the limits of the rs7,,1.11',V
Fourth Representative District of the said City, as now laid ./thmst.
out and _established by law, shall be the Fourth Assessment
District ; and all that portion of the said hundred comprised
within the limits of the Fifth Representative District of the 5th
said City, as now laid out and established by law, shall be
the Fifth Assessment District."
53
SixTzoN 2. That the said act be further amended by in-serting
a new Section 6 as follows
SEcTioN, Each and every Assessor of each Assessment compen,
District in Wilirrington Hundred hereafter to be elesled-shall
receive as compensation for his services a tin, a yearly
salary of six hundred doilirs;-..to,be quarterly by the Flow putt.
Levy Court of New Castle count a yearly salary of two
(1.# .

LAWS
OF THE
STATE OF DIH: LAWAR
PASSED
AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
TUESDAY, JANUARY, II, A. D. 1898,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES THE ONE HUNDRED
AND TWENTY- SECOND.
VOLUME XXI- PART I.
1898:
PRINTED AT THE HERALD OFFICE.
MILFORD, DELAWARE.